The independent Commission on Wartime Contracting was founded by Senator James Webb (VA) in 2008. It promises to investigate ridiculous contracting practices, waste, fraud and abuse. The eight‐member Commission is a bipartisan, independent entity charged with evaluating and reporting on America’s wartime contracting for logistics, reconstruction, and security.

Circular A-76 provides the definition of "Inherently Governmental functions" and defines how to handle competition for contracts and public-private interaction. It says:

An inherently governmental activity is an activity that is so intimately related to the public interest as to mandate performance by government personnel. These activities require the exercise of substantial discretion in applying government authority and/or in making decisions for the government. Inherently governmental activities normally fall into two categories: the exercise of sovereign government authority or the establishment of procedures and processes related to the oversight of monetary transactions or entitlements. An inherently governmental activity involves:

Binding the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise;

Determining, protecting, and advancing economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise;

Significantly affecting the life, liberty, or property of private persons; or

Exerting ultimate control over the acquisition, use, or disposition of United States property (real or personal, tangible or intangible), including establishing policies or procedures for the collection, control, or disbursement of appropriated and other federal funds.

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(M1160) 2011-01-26 Blackwater deaths suit tossed after six years -- Mike Baker, Washington Post, An unfortunate likely consequence when you pick a fight with a corporation with deep pockets and who was likely just following black-ops contract provisions designed to sacrifice the BW contractors in an orchestrated ambush so that the Bush admin had an excuse for the siege of Fallujah. You need money to use our court system if you want to be treated with any measure of fairness. No money, and you will not be able to withstand the tactics of a deep-pocket adversary. Very sad. --Ray